Ask The Attorney

Your course of action depends upon specifics in the case. If your dad tripped but does not know what caused him to fall, he may not have a claim. But if he fell due to an obstruction that wa a known problem, or if the insufficiently lit, that may be another story. The bottom line is. your landlord has a duty to keep the common areas of your building safe. Then there’s the question of whom to contact. File a report with the building immediately, so they are aware that your dad was injured. If you live in public housing, you must contact the city state authorities within 90 days of the incident or you may forfeit your right to bring a claim. If your landlord is a private individual, you have a bit longer. But it’s always prudent to apprise the responsible party as soon as possible and consult with an attorney to protect your interests.

If you have not already reported your accident to the police and your insurance company, do so immediately. It is important to have an official record of what happened. If you were able to get a license plate number, that would be especially helpful to track down the other driver’s insurance company. In the event that you did not, your insurance company needs to be apprised of the fact that you may have an uninsured motorist claim. Once you’ve notified the authorities, get a thorough check up from your physician. While you may feel fine right after the accident, it is not uncommon to have symptoms even days later. And lastly, get an attorney who will work for you and your interests. The entire process can be overwhelming. Getting good medical care and reimbursement for the damage to your vehicle are your priorities. Your attorney will make certain that you get everything you deserve.

The driver that hit you was negligent and is responsible for all of your damages including the damage to your car, the cost of your medical treatment and your pain and suffering, whether or not he has insurance. The problem is, without insurance it is sometimes hard to collect payment from the negligent uninsured party. Automobile insurance policies include supplemental/uninsured coverage. Supplemental/uninsured coverage covers injuries suffered by you, your family or anyone riding in your car against an uninsured, underinsured or hit-and-run driver. It’s very important to retain an attorney so that you get the money you deserve for medical bills, lost wages, and pain and suffering.

Due to advances that car manufacturers have made in construction, a car can withstand the force of a low speed collision showing little or no property damage. While the auto may be built to withstand a low impact collision, our bodies are not. The most typical bodily injury is a soft tissue injury. The back and neck experience pain, sometimes as late as 24-72 hours or more following the impact, as the muscles tighten. The neck of a driver or passenger will be caused to whip forward causing a whiplash injury. Typical soft tissue injuries are contusions (bruising), sprains or strains. It is very important to seek medical attention. Even if your car had little or no damage, if you feel pain you should consult with an attorney as soon as possible so that you are sure to protect your rights. Not protecting yourself can cause thousands of dollars and untold hours of non-reimbursed pain and suffering.

If you have been involved in an automobile accident, many automobile insurance policies include a medical payment provision, typically known as med pay. Med pay is an optional coverage on your policy. Depending on the amount of your med pay, your insurance will pay the medical provider for your treatment due to injuries sustained in the accident. If your policy does not provide for med pay, or if you have been injured in a “slip and fall” accident, your health insurance should be billed. If you do not have med pay or health insurance, many doctors will take a lien on your case. They will want a “letter of protection” from your attorney, stating that the doctor will be paid from the settlement or award from your case. If you have been injured in an accident it is very important to seek medical attention. Your attorney will work with you to make sure your doctor gets paid.

If you feel pain at the time of the accident you should be seen by a doctor immediately. Muscles begin to tighten 24-48 hours after an impact and often the pain is substantially worse the day after the accident. Very few injuries resolve on their own and the right treatment will make all the difference in your recuperation. If you have medical payment insurance, your policy will pay for your medical costs. Your attorney will help you make sure that your medical bills are paid by helping the doctor complete the appropriate forms for the insurance company. It’s not unusual to experience pain days after an accident. Make sure you seek medical attention and retain an attorney in order to protect your rights.

Most personal injury attorneys work on a contingency basis. The standard contingency is 33.3% of your recovery. In other words, if you are not successful, your attorney will not receive a fee and you will have no other obligation to your lawyer. Attorneys receive their fees and costs upon settlement of your case or receipt of an award following a trial. You should absolutely retain an attorney to protect your rights. The right attorney will help you maximize your recovery by protecting your rights.

Dear Deborah,


I was involved in a car accident and it was not my fault. Should I report the accident to my insurance company?


Absolutely report the accident to your insurance company as soon as is practicable. Even if you know the accident is not your fault the other driver may later claim that you were at fault. Your insurance company’s job is to protect your claim. If you have purchased collision insurance, they will pay for your repairs, less your deductible. If you have purchased medical payment insurance they will pay for your medical costs relating to the accident up to the amount covered. If the other driver has no insurance or a low policy, your policy may pay for the costs of your damages. Remember, your own insurance company will help you, but you should retain an attorney. Your attorney will make sure your rights are protected.